by Lawrence
(california)
Will I be eligible for unemployment in CA if i get fired for not reaching sales quota?
I have worked for a major bank for 10 months and currently on salary plus commission. I am a banker and have a quota to meet every qaurter which is based on how many bank accounts I open loans i get approved and credit cards I sign my customer up for. I am rarely ever late normally early and have called out sick 4 seperate times due to illness within 10 months. I have excellent customer service and have been rewarded by my company for it. I have been informed from various sources including my manger that I am at risk of being let go do to me not reaching sales goals. In my opinion even though it is increasingly difficult to make quotas partially due to the economy our goals have not been lowered, in fact they have been made slightly more difficult. My job performance has not slipped at all even though the pressure and stress has increased to make sales goals. My question is will I be eligible for unemployment if I get fired for not making sales goals?
Hi Lawrence,
I guess I can explain this again .. it’s been a while. I draw a distinction between fired for performance issues and fired for rule violations.
You didn’t mention any write-ups .. so I’m wondering how the employer can fire you and sustain their burden without first making you aware that your job is in jeopardy and what you must do to avoid being fired for performance and per the progressive discipline policy.
But let’s put that aside for the moment.
When you are warned you would be wise to counter document on the write-up or with an attached letter with your reasons why the employer’s choice to discipline you is without merit and not, in your opinion, for anything willful. Request that any additional and relevant counter-documenting be attached to the write-up and placed in your personnel file .. keep notes and records with dates. It’s the perfect time to get things into your “employment record”.
Counter documenting on the employer’s evidence is a smart strategy for making sure any argument you make after they fire you is there for the state to see that you disagreed at the time of the write-up .. it’s like going out in front and strategizing with a “just in case I’m fired” mentality. Of course this only works if you aren’t guilty of willful misconduct .. for which it’s always a good idea to read your state’s definition.
Performance issues, at least to be misconduct, must show that your failure to reach quotas was something within your control, like negligence, a lack of regard for the employer’s interest, due to a failure to adhere to documented procedures .. etc.
Inability to attain the expectations of an employer requires you to focus on the unreasonableness, failures to train, provide tools, etc. necessary to meet the expectations.
In other words an emphasis on why you were unable to attain expectation .. even reasonable expectations due to the things outside of your control and due to the employer’s failure in some way.
Your “inability” to do the job or one time inadvertent errors also do not equate to misconduct, at least they aren’t suppose to.
Like I keep saying .. most people don’t get unemployment because of their own failures .. while still employed, if they really aren’t guilty of misconduct.
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